LAW Chapter 17

Agencies must

use a reasoned decision-making process that is not arbitrary or capricious.

Administrative law

A body of law and regulations that governs the organization and operation of administrative agencies.

Federal register

A daily publication distributed by the federal government primarily used to communicate proposed agency rules, final agency regulations, and other administrative agency or executive branch announcements, such as executive orders.

Enabling statute

A law passed by Congress when it is establishing an administrative agency; serves as the source of the agency's authority and describes the agency's scope and jurisdiction over certain matters.

Regulation

A rule that is in effect, is published in the Code of Federal Regulations, and has the force of a law.

Which of the following is NOT a source of administrative law

A- Rulemaking Control Act.

Both the proposed rule and the final rule are published in the

C- Federal Register.

An Administrative agency's policymaking function is known as

C- Rulemaking.

Rule revised (if necessary)

Agency reconsiders the rule based on public comments and revises the rule if necessary. If revised, the rule need NOT be published unless it is radically different from the original.

Agency study

Agency-selected experts research and review issues as set forth in the enabling statute.

Administrative law judge (ALJ)

An individual, typically an attorney, who is employed by an agency to adjudicate disputes.

Many agencies have the authority to adjudicate matters. Which of the following carry out the adjudication function

B- Administrative law judges.

Proposed rule published

Based on agency findings, the proposed rule is articulated and published in the Federal Register to give notice to parties affected by the rule.

Enabling statute

Congress passes a statute establishing and agency or charging an agency with a new authority.

Challenging a rule through judicial review on the basis of Moter Vehicle Manufacturing Association v. State Farm requires evidence that agencies actions were

D- Arbitrary and Capricious.

Final rule published

Final version of the rule is published in the Federal Register and has the full force and effect of law. The rule becomes part of the Code of Federal Regulations.

Arbitrary and capricious standard

For the rule to pass judicial muster, the evidence must show that the agency made its final decision based on a consideration of relevant factors without any clear errors of judgment and that its process was consistent with the APA procedural requirements... Failure to exercise honest judgment instead of reasoned consideration of all relevant factors.

Administrative agencies

Governmental bodies, including department, nondepartment, and independent agencies, that have the authority to implement and administer particular regulations.

Judicial challenges

Individual parties may challenge the rule in court under certain circumstances.

Citizen suits

Lawsuits initiated by members of the public who are directly affected by an agency action and brought against violators of the regulation and/or the administrative agency itself for failing to fulfill a duty imposed upon it.

Public comment

Parties that have an interest in the rule may respond directly to the agency with comments.

Van Hollen v. Federal Elections Commission

The Court of Appeals for the D.C. Circuit reversed the trial court's decision and ruled in favor of the FEC. The court rejected Van Hollen's argument that the FEC failed to adequately explain its decision to adopt the new rules.

Consumer Federation of America V. Department of agriculture

The D.C. Court ruled in favor of CFA and held that the calenders were agency records under the FOIA and were subject to public access.

Trinity Marine products v. secretary of labor elaine chao

The Fifth Circuit Court of Appeals ruled in favor of OSHA, reasoning that the standards for probable cause were lower for administrative warrants than for criminal warrants and that federal statutes and case law allowed administrative warrants to be excuted using a reasonable degree of force.

Inspection

The act of monitoring a business's compliance with administrative regulations. An administrative agency ordinarily secures a warrant and then enters and inspects the business's premises.

Arbitrary and capricious standard

The broad judicial benchmark used to determine whether an agency's actions were a result of a reasoned decision-making process.

Association of private sector collegles and universitites v. Duncan and the US department of education

The court of appeals for the D.C. Circuit upheld the trial court's ruling on the distance learning regulations in favor of APSCU. The court ruled that the department had not provided interested parties with a sufficient opportunity to comment on the proposed rule and therefore violated the APA.

Enforcement

The function of administrative agencies whereby they investigate alleged violations of their administrative regulations and recommend enforcement actions; generally carried out through an agency's Office of General Counsel. In deciding when and whom to regulate, the agencies have prosecutorial discretion that is practically unreviewable by the judiciary.

Adjudication (Administrative)

The judicial function of administrative agencies, whereby the agencies make policy. Administrative law judges hear cases brought before the specific agency.

Rulemaking

The legislative function of administrative agencies, whereby they create legally enforceable rules in order to fill in the details of a statute.

Net neutrality

The principle that all movement and content on the Internet should receive equal treatment.

Licensing

The task of issuing a license authorizing a business or industry to do something.

Administrative agencies have the authority to

adjudicate matters under their jurisdiction by holding a hearing between the government and private parties in front of an administrative law judge.

The rulemaking process involves

agency research, publication of a proposed rule in the Federal Register, a period for public comment on the proposed rule, and either revising the rule for additional comment or publishing a finalized rule.

Administrative agencies have

broad powers, including rulemaking, enforcement, licensing, and adjudication.

Some agencies also monitor

compliance with regulation by conducting inspections of businesses and individuals within their jurisdiction.

For the last several decades, Presidents have exercised

direct power over administrative agencies to accomplish the president's public policy objectives.

Agencies have

prosecutorial discretion in deciding when and whom to regulate.

The Government in the Sunshine Act requires

that agencies announce their meetings at least one week in advance and open the meetings to the public unless a meeting falls within one of the Sunshine Act execptions.

Agencies develop

rules to be used in facilitating the governments administration of the law.

After a final rule is published

the APA allows adversely affected parties to challenge the rule in court. However, courts give great deference to the agency's decisions.

Cabinet members (commissioners) report directly to

the President.

Administrative agencies also regulate and administer laws through

the licensing process, in which they issue, renew, suspend, or revoke a license to conduct certain types of business.